Disposed
Mahendra Ashok Shewale v. Murlidhar Trymbak Shewale and Ors.
Bombay HCWP/5386/2006
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HIGH COURT OF JUDICATURE AT BOMBAY CIVIL…
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5386 OF 2006
Mahendra Ashok Shewale.. Petitioner
Versus
Murlidhar Trymbak Shewale & Ors... Respondents
Mr.P.N.Joshi i/b.Kishor Patil for petiioner
Mr.N.R.Bubna for respondent No.1.
CORAM :S.C.DHARMADHIKARI, J.
DATE:17th December 2007
P.C.
.Special Civil Suit No.1 of 1990 is
pending. Petitioner is original defendant
therein. The order passed on 19th July 2006 by
the second ad-hoc Additional Dist.Judge, Malegaon
2
in Civil Misc.Application No.49 of 2000 is under
challenge. That order rejects the application
preferred for condonation of delay.
2.The order challenged before the lower
appellate court was directing the petitioner -
defendant by mandatory order to remove the
construction contemplated in Exh.1137. That
order was passed on 3rd August 1999. This Court
while issuing notice on the writ petition on 16th
August 2006 directed that both sides should
maintain status quo. Resultantly, the order of
the trial court has not been implemented and
executed.
3.Both sides agree that instead of matter
being restored to the lower appellate court and
the appeal being heard again on merits, it would
be just, fair and proper if the order of status
quo passed on 16th August 2006 is continued till
the hearing and final disposal of the suit and
3
Special Civil Suit No.1 of 1990 is directed to be
heard as expeditiously as possible.
4.Accordingly, petitionisallowed.
Impugned order is set aside. However, lower
appellate court need not restore the appeal and
hear it on merits, inasmuch as, the order of
status quo granted by this Court shall continue
as an interim order in the pending civil suit and
the same is directed to be heard and disposed of
within six months from today. All contentions on
merits are expressly kept open and the court
below need not be influenced by the continuation
of the order passed on 16th August 2006.
(S.C.Dharmadhikari, J)
Mahendra Ashok Shewale
Murlidhar Trymbak Shewale
S.C. Dharmadhikari
As recorded by the court registry
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